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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/20/2014 - FIRST READING OF ORDINANCE NO. 079, 2014, AUTHORIZAgenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY May 20, 2014 City Council STAFF Helen Matson, Real Estate Services Manager Craig Foreman, Director of Park Planning & Development SUBJECT First Reading of Ordinance No. 079, 2014, Authorizing the Conveyance of City Property to CCF Investments, LLC in Exchange for a New Park Site. EXECUTIVE SUMMARY The purpose of this item is to convey property by Quit Claim Deed to CCF Investments, LLC. The City Property to be conveyed is near East Vine Drive and Turnberry and is located in Waterfield PUD Second Filing. This land was the location of a park in Waterfield Second Filing. The location of the park is moving with the Third Filing of Waterfield. The current park site will be conveyed to the developer, CCF Investments, LLC by Quit Claim Deed. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Waterfield PUD Second Filing was developed by Country Club Farms, LLC ("CCF") and was approved by the City in March 2003. In May 1997, CCF conveyed a tract of land by Special Warranty Deed to the City for use as a park in Waterfield PUD Second. This Deed was recorded at Reception #97073857. This park site contained 6.124 acres and was named Iron Horse Park. This park site is located near East Vine Drive and the existing Turnberry Road and is directly north of a new school site that is owned by Poudre School District. The Plat for Waterfield Second is still in effect; however, the right to develop has expired. The new developer, CCF Investments, LLC (“CCFI”) is required to do a new subdivision plat to move forward with this development. The new plat is Waterfield Third Filing, a replat of a portion of Waterfield Second Filing and a portion of Waterfield First Filing. CCFI is planning to have the Plat signed and recorded in early summer. Since the approval of Waterfield Second, the location of the new Vine Drive has changed and goes through a portion of the park site and school site. Staff members from Park Planning, the School District and the developer have worked together to locate new sites for the park and school. They have all agreed to move the new park site north of its present site to the intersection of the “new” East Vine Drive and Cherryhurst. The new school site will be north of the park site. The new park site will be 8.068 acres (including a portion of the wetland buffer and detention area) and will be dedicated to the City on the new Plat. The old park site needs to be conveyed to CCF Investments, LLC to be used in the development of the Third Filing. As part of the Plat for Waterfield Third Filing, CCFI will be required to dedicate the land for the new Vine Drive without compensation. FINANCIAL / ECONOMIC IMPACTS While the City is conveying this park site to CCFI, it will be dedicating a new park site to the City with the Third Agenda Item 14 Item # 14 Page 2 Filing. Because of the exchange of sites, staff does not recommend charging CCFI for this 6.124 acre site. ENVIRONMENTAL IMPACTS There are no environmental impacts to this action. BOARD / COMMISSION RECOMMENDATION Staff presented this conveyance to the Parks and Recreation Board on April 23, 2014. The Board recommended support for this action. Board minutes from this item are attached. ATTACHMENTS 1. Location Map (JPG) 2. Parks and Recreation Board minutes, April 23, 2014 (PDF) PARKS AND RECREATION BOARD MINUTES EXCERPT Regular Meeting – Wednesday April 23, 2014 Park Planning Updates The Board is being asked for a recommendation to allow for a location adjustment of Iron Horse Park site. Iron Horse Park will be located along East Vine Drive by the Plumber School. The land we have now for the park would have the new Vine Drive location going through the middle of the park; so the developer would like to trade land and move the park to the North of the new Vine Drive which actually provide a bit more acreage for the park. Motion made by Scott Sinn for the Parks & Recreation Board to positively support the land switch for the new Iron Horse Park site as presented. Seconded by Jessica MacMillan – VOTE: 5:0 in favor ATTACHMENT 2 - 1 - ORDINANCE NO. 079, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF CITY PROPERTY TO CCF INVESTMENTS, LLC IN EXCHANGE FOR A NEW PARK SITE WHEREAS, the City is the owner of a parcel of real property located in Larimer County, Colorado, as described on Exhibit A, attached and incorporated herein by reference (the “Property”); and WHEREAS, Country Club Farms, LLC (“CCF”) conveyed the Property to the City in 2003 as the site for a future park within its Waterfield P.U.D. Second Filing development; and WHEREAS, CCF’s right to develop under the Waterfield Second plat has since expired, and the planned location of the new Vine Drive now goes through a portion of the Property; and WHEREAS, CCF Investments, LLC, (“CCFI”), the successor in interest to CCF, is working on a new subdivision plat, Waterfield Third Filing, a replat of a portion of Waterfield Second Filing and a portion of Waterfield First Filing, in order to move forward with the development; and WHEREAS, City staff worked with representatives from CCFI and Poudre School District to select an equivalent new park site and school site adjacent to each other; and WHEREAS, CCFI will dedicate the new park site to the City as part of the Waterfield Third plat; and WHEREAS, City staff is recommending that the Property be conveyed to CCFI as a straight exchange for the new park site; and WHEREAS, under Section 23-111(a) of the City Code, the City Council is authorized to sell, convey or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That, because the Property is no longer appropriate as a park site due to the planned location of new Vine Drive, and because CCF Investments has agreed to convey a new park site to the City as part of its replat, the City Council hereby finds that the conveyance of the Property to CCF Investments under the terms listed above is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Property to CCF Investments on terms and conditions consistent with - 2 - this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Property, as long as such changes do not materially increase the size or change the character of the property to be conveyed. Introduced, considered favorably on first reading, and ordered published this 20th day of May, A.D. 2014, and to be presented for final passage on the 3rd day of June, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 3rd day of June, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A That portion of the West Half of Section 5, Township 7 North, Range 68 West of the 6 th P.M., County of Larimer, State of Colorado described as follows. Considering the West line of the Southwest Quarter of said Section 5 as bearing North 00°25’55’’ East and with all bearings contained herein relative thereto. Beginning at the Southwest corner of said Section 5; thence along said West line of the Southwest Quarter North 00°25’55’’ East 1241.77 feet; thence South 89°34’05’’ East 56.00 feet to the True Point of Beginning; thence South 89°34’05’’ East 282.82 feet; thence South 36°12’35’’ East 73.53 feet; thence South 67°40’41’’ East 214.09 feet; thence South 31°02’24’’ East 402.12 feet; thence North 89°33’59’’ West 714.60 feet to the beginning of a non-tangent curve concave to the Northeast having a central angle of 11°29’12’’ and a radius of 1033.00, the chord of which bears North 05°18’41’’ West for 206.75 feet; thence Northerly along the arc of said curve 207.10 feet; thence tangent from said curve North 00°25’55’’ East 276.07 feet to the True Point of Beginning